Donald A. Flunker v. United States of America, and States Line

Before KOELSCH and HUFSTEDLER, Circuit Judges, and SMITH, * District Judge.

States Steamship Co. (“States”) appeals from a judgment for the United States on States’ cross-complaint for indemnity for payments it made to or in respect of its seaman, Flunker, who was injured by the Navy’s negligence.

Flunker was a steward aboard the SS “Hawaii,” a ship owned and operated by States. On June 27, 1971, the Hawaii was at anchor awaiting pratique at the United States Naval Base at Subic Bay, Philippines. Flunker, who had shore leave, boarded a Navy landing craft for the trip to shore. The landing craft was available for the use of all the ships anchored in Subic Bay. Due to a malfunction in the linkage of the landing craft’s port engine, the engine would not back down, and the craft collided with a dock at the Base. The impact caused Flunker to fall into the deck well and break his elbow. States paid the following sums to Flunker or because of his employment contract: $1134.00, unearned wages at the end of the voyage; $728.00, maintenance; $945.61, repatriation expense from Manila to Seattle; $1389.53, to pension and fringe benefits funds pursuant to labor union agreements…

(concurring):

I concur in the result.

It is conceded that there was a contract whereby the United States for a consideration agreed with States Line to furnish ship-to-shore transportation for the States Line crew aboard the SS Hawaii. It is likewise conceded that the negligence of the United States resulted in Flunker’s injury.

It was an implied term of the contract to furnish transportation to the States Line crew that the United States would use reasonable care in furnishing that transportation, i. e., it would transport members of the SS Hawaii crew without negligence. It was because of the failure of the United States to do the exact thing it had contracted to do that Flunk-er was injured. There was a breach of an obligation not only to Flunker but to States Line as well, and out of those breaches the duty to indemnify arose. I think it unnecessary to go further.

528 F.2d 239 Donald A. FLUNKER, Plaintiff, v. UNITED STATES of America, Defendant-Appellee, and States Line, Defendant-Appellant. No. 74--2590. United States Court of Appeals, Ninth Circuit. Nov. 24, 1975. M. Bayard Crutcher (argued), of Bogle & Gates, Seattle, Wash., for appellant. William E. Gwatkin, III (argued), of Admiralty & Shipping Sec., San Francisco, Cal., for appellee. OPINION Before KOELSCH and HUFSTEDLER, Circuit Judges, and SMITH, * District Judge. HUFSTEDLER, Circuit Judge: 1 States Steamship Co. ('States') appeals from a judgment for the United States on States' cross-complaint for indemnity for payments it made to or in respect of its seaman, Flunker, who was injured by the Navy's negligence. 2 Flunker was a steward aboard the SS 'Hawaii,' a ship owned and operated by States. On June 27, 1971, the Hawaii was at anchor awaiting pratique at the United States Naval Base at Subic Bay, Philippines. Flunker, who had shore leave, boarded a Navy landing craft for the trip to shore. The landing craft was available for the use of all the ships anchored in Subic Bay. Due to a malfunction in the linkage of the landing craft's port engine, the engine would not back…